Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 7002
Ì547494LÎ547494
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/02/2025 .
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The Committee on Appropriations (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 157 - 832
4 and insert:
5 Section 2. Paragraph (b) of subsection (8) of section 373.026,
6 Florida Statutes, is amended, and paragraph (d) of that
7 subsection is reenacted, to read:
8 373.026 General powers and duties of the department.—The
9 department, or its successor agency, shall be responsible for
10 the administration of this chapter at the state level. However,
11 it is the policy of the state that, to the greatest extent
12 possible, the department may enter into interagency or
13 interlocal agreements with any other state agency, any water
14 management district, or any local government conducting programs
15 related to or materially affecting the water resources of the
16 state. All such agreements shall be subject to the provisions of
17 s. 373.046. In addition to its other powers and duties, the
18 department shall, to the greatest extent possible:
19 (8)
20 (b) To ensure to the greatest extent possible that project
21 components will go forward as planned, the department shall
22 collaborate with the South Florida Water Management District in
23 implementing the comprehensive plan as defined in s.
24 373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
25 defined in s. 373.4595(2), and the River Watershed Protection
26 Plans as defined in s. 373.4595(2). Before any project component
27 is submitted to Congress for authorization or receives an
28 appropriation of state funds, the department must approve, or
29 approve with amendments, each project component within 60 days
30 following formal submittal of the project component to the
31 department. Prior to the release of state funds for the
32 implementation of the comprehensive plan, department approval
33 shall be based upon a determination of the South Florida Water
34 Management District’s compliance with s. 373.1501(6) s.
35 373.1501(5). Once a project component is approved, the South
36 Florida Water Management District shall provide to the President
37 of the Senate and the Speaker of the House of Representatives a
38 schedule for implementing the project component, the estimated
39 total cost of the project component, any existing federal or
40 nonfederal credits, the estimated remaining federal and
41 nonfederal share of costs, and an estimate of the amount of
42 state funds that will be needed to implement the project
43 component. All requests for an appropriation of state funds
44 needed to implement the project component shall be submitted to
45 the department, and such requests shall be included in the
46 department’s annual request to the Governor. Prior to the
47 release of state funds for the implementation of the Lake
48 Okeechobee Watershed Protection Plan or the River Watershed
49 Protection Plans, on an annual basis, the South Florida Water
50 Management District shall prepare an annual work plan as part of
51 the consolidated annual report required in s. 373.036(7). Upon a
52 determination by the secretary of the annual work plan’s
53 consistency with the goals and objectives of s. 373.4595, the
54 secretary may approve the release of state funds. Any
55 modifications to the annual work plan shall be submitted to the
56 secretary for review and approval.
57 (d) The Executive Office of the Governor, pursuant to its
58 duties under s. 373.536(5) to approve or disapprove, in whole or
59 in part, the budget of each water management district, shall
60 review all proposed expenditures for project components in the
61 district’s budget.
62 Section 3. Subsection (1) of section 373.0693, Florida
63 Statutes, is amended to read:
64 373.0693 Basins; basin boards.—
65 (1)(a) Any areas within a district may be designated by the
66 district governing board as subdistricts or basins. The
67 designations of such basins shall be made by the district
68 governing board by resolutions thereof. The governing board of
69 the district may change the boundaries of such basins, or create
70 new basins, by resolution.
71 (b) No subdistrict or basin in the St. Johns River Water
72 Management District other than established by this act shall
73 become effective until approved by the Legislature.
74 Section 4. Subsection (7) of section 373.079, Florida
75 Statutes, is amended to read:
76 373.079 Members of governing board; oath of office; staff.—
77 (7) The governing board shall meet at least once a month
78 and upon call of the chair. A quorum is necessary for the board
79 to conduct official business. A majority of the members of the
80 governing board, which includes both appointed members and
81 vacancies, constitutes a quorum. A board member’s appearance at
82 a board meeting, whether such appearance is in person or through
83 the use of communications media technology, must be counted for
84 the determination of a quorum. Except where otherwise provided
85 by law, action may be taken by the governing board only upon an
86 affirmative vote of a majority of the members of the governing
87 board. The governing board, a basin board, a committee, or an
88 advisory board may conduct meetings by means of communications
89 media technology in accordance with rules adopted pursuant to s.
90 120.54(5)(b) s. 120.54.
91 Section 5. Present subsections (4) through (10) of section
92 373.1501, Florida Statutes, are redesignated as subsections (5)
93 through (11), respectively, and a new subsection (4) is added to
94 that section, and present subsection (9) of that section is
95 amended, to read:
96 373.1501 South Florida Water Management District as local
97 sponsor.—
98 (4) The Legislature declares that acquiring land for water
99 storage north of Lake Okeechobee is in the public interest, for
100 a public purpose, and necessary for the public health and
101 welfare. The governing board of the district is authorized to
102 acquire land, if necessary, to implement a reservoir project
103 north of Lake Okeechobee with the goal of providing at least
104 200,000 acre-feet of water storage. Any acquisition of real
105 property for the purpose of a reservoir project constitutes a
106 public purpose for which it is in the public interest to expend
107 public funds. Any land necessary for implementing the projects
108 in this subsection may only be acquired in accordance with s.
109 373.139(2), and chapters 73 and 74. The district and the state
110 are not authorized to request the United States Army Corps of
111 Engineers to acquire the lands for such reservoir project, and
112 may not include any provision for such request in the project
113 partnership agreement for such reservoir project.
114 (10)(9) Final agency action with regard to any project
115 component subject to s. 373.026(8)(b) must shall be taken by the
116 department. Actions taken by the district pursuant to subsection
117 (6) are (5) shall not be considered final agency action. Any
118 petition for formal proceedings filed pursuant to ss. 120.569
119 and 120.57 requires shall require a hearing under the summary
120 hearing provisions of s. 120.574, which is shall be mandatory.
121 The final hearing under this section must shall be held within
122 30 days after receipt of the petition by the Division of
123 Administrative Hearings.
124 Section 6. Paragraph (c) of subsection (7) of section
125 373.470, Florida Statutes, is amended, paragraph (d) is added to
126 that subsection, and subsection (8) is added to that section, to
127 read:
128 373.470 Everglades restoration.—
129 (7) ANNUAL REPORT.—To provide enhanced oversight of and
130 accountability for the financial commitments established under
131 this section and the progress made in the implementation of the
132 comprehensive plan, the following information must be prepared
133 annually as part of the consolidated annual report required by
134 s. 373.036(7):
135 (c) The district, in cooperation with the department, shall
136 provide a detailed report on progress made in the implementation
137 of the comprehensive plan, including the total estimated
138 remaining cost of implementation of the comprehensive plan. The
139 report must also include the status of and applicable
140 performance indicators for all project components. The project
141 components must be subdivided into the following categories
142 based on the project’s status:
143 1. Planning and design phase.
144 2. Construction phase, for which the performance indicators
145 must include, but are not limited to:
146 a. If the project is on time and on budget based on a
147 schedule performance index; and
148 b. If the project had any claims, change orders, or credits
149 upon closeout, including the description, date, and cost of the
150 change, compensatory amounts, and the remedy or resolution
151 exercised as it pertains to the schedule or budget of the
152 project.
153 3. Operational phase, for which the performance indicators
154 must include, but are not limited to, whether the operation of
155 the project is achieving the goals and objectives identified in
156 the final project implementation report.
157 4. Pending projects phase, which includes project
158 components that have not yet entered the planning or design
159 phase.
160 5. The estimated expenditures for the project in the prior
161 fiscal year compared to the actual expenditures, with an
162 explanation for significant variances initiated after the
163 effective date of this act or the date of the last report
164 prepared under this subsection, whichever is later.
165 (d) For a project or project component developed pursuant
166 to s. 255.065, the performance indicators in the report must be
167 consistent with national industry standards for the delivery
168 method.
169
170 The information required in paragraphs (a), (b), and (c), and
171 (d) shall be provided as part of the consolidated annual report
172 required by s. 373.036(7). Each annual report is due by March 1.
173 (8) INTEGRATED DELIVERY SCHEDULE.—The Legislature
174 recognizes the value of the integrated delivery schedule as a
175 forward-looking snapshot of upcoming planning, design, and
176 construction schedules for the comprehensive plan, as a tool
177 that provides information to decision-makers and facilitates
178 achievement of the goals and purposes of the comprehensive plan
179 at the earliest possible time to the extent practical given
180 funding, engineering, and other contractual constraints. The
181 Legislature further recognizes that the schedule acts as a
182 planning document and does not represent a budget or financial
183 commitment on behalf of any of the participants of the South
184 Florida Ecosystem Restoration Task Force. Therefore, when making
185 recommendations for any update to the schedule, state and local
186 members of the task force must identify project funding sources
187 to reflect whether funding will use recurring state funds
188 provided pursuant to s. 375.041(3)(b)1., 4., and 5., or whether
189 the project may be funded with nonrecurring state funds.
190 Section 7. Subsection (3) is added to section 373.501,
191 Florida Statutes, to read:
192 373.501 Appropriation of funds to water management
193 districts.—
194 (3) A water management district may not use state funds as
195 a local match for any state grant program unless such funds have
196 been specifically appropriated to the district for such purpose.
197 Section 8. Subsection (3) of section 373.503, Florida
198 Statutes, is amended to read:
199 373.503 Manner of taxation.—
200 (3)(a)1. The districts may, by resolution adopted by a
201 majority vote of the governing board, levy ad valorem taxes on
202 property within the district solely for the purposes of this
203 chapter and of chapter 25270, 1949, Laws of Florida, as amended,
204 and chapter 61-691, Laws of Florida, as amended. If appropriate,
205 taxes levied by each governing board may be separated by the
206 governing board into a millage necessary for the purposes of the
207 district and a millage necessary for financing basin functions
208 specified in s. 373.0695.
209 2.a. The districts may, by referendum, levy separate ad
210 valorem taxes on property within the district or basin for the
211 purposes of the construction of capital improvement projects.
212 For purposes of this subparagraph, the term “capital improvement
213 projects” means projects related to water supply, including
214 alternative water supply, water resource development, and water
215 quality projects identified in the district’s regional water
216 supply plans, water quality, flood protection and floodplain
217 management, and natural systems.
218 b. A governing board exercising the option to levy separate
219 ad valorem taxes for the purposes of the construction of capital
220 improvement projects pursuant to this subparagraph shall adopt a
221 resolution to be approved by a majority vote of the electors in
222 the district or basin voting in a referendum held at a general
223 election as defined in s. 97.021. The resolution must include
224 the millage to be levied, a description of the capital
225 improvement projects, such projects’ expected dates of
226 completion, and the date when the millage levied under this
227 subparagraph shall expire. No millage may be levied beyond the
228 date of a project’s expected date of completion. Such millage
229 levied may be up to an amount that, when combined with millage
230 levied under subparagraph 1., does not exceed the maximum total
231 millage rate under paragraph (b). The resolution must take
232 effect on the January 1 immediately succeeding approval. The
233 referendum must be conducted consistent with the laws governing
234 bond referenda as provided in ss. 100.201-100.351.
235 (b)(a) Notwithstanding any other general or special law,
236 and subject to subsection (4), the maximum total millage rate
237 for all district and basin purposes authorized under this
238 section shall be:
239 1. Northwest Florida Water Management District: 0.05 mill.
240 2. Suwannee River Water Management District: 0.75 mill.
241 3. St. Johns River Water Management District: 0.6 mill.
242 4. Southwest Florida Water Management District: 1.0 mill.
243 5. South Florida Water Management District: 0.80 mill.
244 (c)(b) The apportionment in the South Florida Water
245 Management District shall be a maximum of 40 percent for
246 district purposes and a maximum of 60 percent for basin
247 purposes, respectively. This calculation excludes millage raised
248 pursuant to subparagraph (a)2.
249 (d)(c) Within the Southwest Florida Water Management
250 District, the maximum millage assessed for district purposes may
251 not exceed 50 percent of the total authorized millage if there
252 are one or more basins in the district, and the maximum millage
253 assessed for basin purposes may not exceed 50 percent of the
254 total authorized millage.
255 Section 9. Subsection (1) of section 373.535, Florida
256 Statutes, is amended, and subsections (2) and (3) of that
257 section are reenacted, to read:
258 373.535 Preliminary district budgets.—
259 (1) BUDGET DEVELOPMENT.—
260 (a) By January 15 of each year, each water management
261 district shall submit a preliminary budget for the next fiscal
262 year for legislative review to the President of the Senate, the
263 Speaker of the House of Representatives, and the chairs of each
264 legislative committee and subcommittee having substantive or
265 fiscal jurisdiction over water management districts, as
266 determined by the President of the Senate or the Speaker of the
267 House of Representatives, as applicable, in the form and manner
268 prescribed in s. 373.536(5)(e).
269 (b) Each preliminary budget must also include:
270 1. A section that clearly identifies and provides
271 justification for each proposed expenditure listed in s.
272 373.536(5)(e)4.e. and f. and identifies the source of funds for
273 each proposed expenditure.
274 2. A section identifying the justification for proposed
275 expenditures by core mission area of responsibility and the
276 source of funds needed for activities related to water supply,
277 including alternative water supply and water resource
278 development projects identified in the district’s regional water
279 supply plans, water quality, flood protection and floodplain
280 management, and natural systems.
281 3. A section that includes the district’s capital
282 improvement plan for the current fiscal year and the next fiscal
283 year, which will be incorporated as part of the district’s 5
284 year capital improvement plan. The following information must be
285 included for each project contained in the capital improvement
286 plan:
287 a. Estimated beginning and ending date.
288 b. Current status, such as planning, construction, or
289 operations.
290 c. Funding source, grouped by federal, state, and local
291 pursuant to s. 373.503(3)(a)1., local pursuant to s.
292 373.503(3)(a)2., or other.
293 d. Total cost of the project.
294 e. Whether the project is funded from reserves.
295 f. Total expenditures made to date, by fiscal year.
296 g. Current year estimated expenditures.
297 h. Annual budget, including future budget requests, until
298 project completion, by funding source.
299 i. Project description.
300 j. State program code, such as operations and maintenance
301 or ecosystems restoration.
302 4.3. A section reviewing the adopted and proposed budget
303 allocations by program area and the performance metrics for the
304 prior year.
305 5.4. An analysis of each preliminary budget to determine
306 the adequacy of fiscal resources available to the district and
307 the adequacy of proposed district expenditures related to the
308 core mission areas of responsibility for water supply, including
309 alternative water supply and water resource development projects
310 identified in the district’s regional water supply plans, water
311 quality, flood protection and floodplain management, and natural
312 systems. The analysis must be based on the particular needs
313 within each district for core mission areas of responsibility.
314 The water supply analysis must specifically include a
315 determination of the adequacy of each district’s fiscal
316 resources provided in the district’s preliminary budget to
317 achieve appropriate progress toward meeting the districtwide 20
318 year projected water supply demands, including funding for
319 alternative water supply development and conservation projects.
320 (c)(b) If applicable, the preliminary budget for each
321 district must specify that the district’s first obligation for
322 payment is the debt service on bonds and certificates of
323 participation.
324 (d) In addition to the information that must be included
325 for projects carried out pursuant to the capital improvement
326 plan in subparagraph (b)3., the South Florida Water Management
327 District must include a separate section in its preliminary
328 budget for all projects within the Comprehensive Everglades
329 Restoration Plan. The information for the separate section must
330 be provided on a project-by-project basis and include the source
331 of funds. For each project, all of the following information
332 must be included:
333 1. The project title and a brief description.
334 2. The total estimated cost of the project, delineated by
335 federal and nonfederal sponsor obligations. The local sponsor
336 obligations must be further delineated by state and district
337 obligations.
338 3. The timeline for the project.
339 4. The total expenditures to date and estimated remaining
340 expenditures needed for project completion.
341 5. The estimate of expenditures for the current year.
342 6. The estimate of expenditures for the next fiscal year.
343 (e) For expenditures funded by state appropriations, the
344 South Florida Water Management District must indicate which
345 fiscal year the appropriation is from. In estimating
346 expenditures for the next fiscal year, the district may
347 incorporate state revenues only in an amount up to the amount of
348 funds specifically provided in s. 375.041(3)(b)1., 4., and 5.,
349 unless the district commits district revenues on a dollar-for
350 dollar basis for any amount over such amount specifically
351 provided.
352 (2) LEGISLATIVE REVIEW.—
353 (a) The Legislature may annually review the preliminary
354 budget for each district, including, but not limited to, those
355 items listed in s. 373.536(5)(e)4.d.-f., specific to regulation,
356 outreach, management, and administration program areas.
357 (b) On or before March 1 of each year, the President of the
358 Senate and the Speaker of the House of Representatives may
359 submit comments regarding the preliminary budget to the
360 districts, and provide a copy of the comments to the Executive
361 Office of the Governor. Each district shall respond to the
362 comments in writing on or before March 15 of each year to the
363 President of the Senate, the Speaker of the House of
364 Representatives, and the Executive Office of the Governor.
365 (c) If, following such review, the Legislature does not
366 take any action pursuant to s. 373.503 on or before July 1 of
367 each year, a water management district may proceed with budget
368 development as provided in subsection (3) and s. 373.536.
369 (3) FUNDING AUTHORITY GRANTED.—Each district shall use the
370 preliminary budget as submitted pursuant to subsection (1), and
371 as may be amended by the district in response to review by the
372 Legislature pursuant to this section and s. 373.503, as the
373 basis for developing the tentative budget for the next fiscal
374 year as provided in s. 373.536(5). However, this subsection may
375 not be construed to impair any contractual obligations.
376 Section 10. Paragraphs (c) and (e) of subsection (5) of
377 section 373.536, Florida Statutes, are amended to read:
378 373.536 District budget and hearing thereon.—
379 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
380 APPROVAL.—
381 (c) The Legislative Budget Commission may reject any of the
382 following district budget proposals unless specifically
383 appropriated by the Legislature:
384 1. A single purchase of land in excess of $10 million,
385 except for land exchanges.
386 2. Any cumulative purchase of land during a single fiscal
387 year in excess of $50 million.
388 3. Any issuance of debt on or after July 1, 2012.
389 4. Any program expenditure expenditures as described in
390 sub-subparagraphs (e)4.e. and f. in excess of 15 percent of a
391 district’s total annual budget.
392 5. Any individual variance variances in a district’s
393 tentative budget which is in excess of 25 percent from a
394 district’s preliminary budget.
395 6. Any individual portion of a district’s tentative budget
396 funded with state appropriations.
397 7. Any individual project in the district’s 5-year capital
398 improvement plan except for those projects fully funded with
399 revenues approved by voters pursuant to s. 373.503(3)(a)2.b.
400
401 Written disapproval of any provision in the tentative budget
402 must be received by the district at least 5 business days before
403 the final district budget adoption hearing conducted under s.
404 200.065(2)(d). If written disapproval is not received at least 5
405 business days before the final budget adoption hearing, the
406 governing board may proceed with final adoption. Any provision
407 rejected by the Executive Office of the Governor or the
408 Legislative Budget Commission may not be included in a
409 district’s final budget and may not be acted upon through any
410 other means without the prior approval of the entity rejecting
411 the provision.
412 (e) The tentative budget must be based on the preliminary
413 budget as submitted to the Legislature, and as may be amended by
414 the district in response to review by the Legislature pursuant
415 to ss. 373.503 and 373.535, as the basis for developing the
416 tentative budget for the next fiscal year as provided in this
417 subsection, however, this subsection may not be construed to
418 impair any contractual obligations. The tentative budget and
419 must set forth the proposed expenditures of the district, to
420 which may be added an amount to be held as reserve. The
421 tentative budget must include, but is not limited to, the
422 following information for the preceding fiscal year and the
423 current fiscal year, and the proposed amounts for the upcoming
424 fiscal year, in a standard format prescribed by the Executive
425 Office of the Governor, in consultation with the Legislature:
426 1. The estimated amount of funds remaining at the beginning
427 of the fiscal year which have been obligated for the payment of
428 outstanding commitments not yet completed.
429 2. The estimated amount of unobligated funds or net cash
430 balance on hand at the beginning of the fiscal year; an
431 accounting of the source, balance, and projected future use of
432 the unobligated funds; and the estimated amount of funds to be
433 raised by district taxes or received from other sources to meet
434 the requirements of the district.
435 3. The millage rates and the percentage increase above the
436 rolled-back rate, together with a summary of the reasons the
437 increase is required, and the percentage increase in taxable
438 value resulting from new construction within the district.
439 4. The salaries and benefits, expenses, operating capital
440 outlay, number of authorized positions, and other personal
441 services for the following program areas of the district:
442 a. Water resource planning and monitoring;
443 b. Land acquisition, restoration, and public works;
444 c. Operation and maintenance of works and lands;
445 d. Regulation;
446 e. Outreach for which the information provided must contain
447 a full description and accounting of expenditures for water
448 resources education; public information and public relations,
449 including public service announcements and advertising in any
450 media; and lobbying activities related to local, regional, state
451 and federal governmental affairs, whether incurred by district
452 staff or through contractual services; and
453 f. Management and administration.
454
455 In addition to the program areas reported by all water
456 management districts, the South Florida Water Management
457 District shall include in its budget document separate sections
458 on all costs associated with the Everglades Construction Project
459 and the Comprehensive Everglades Restoration Plan, incorporating
460 the amount of state revenues appropriated for the fiscal year.
461 5. The total estimated amount in the district budget for
462 each area of responsibility listed in subparagraph 4. and for
463 water resource, water supply, and alternative water supply
464 development projects identified in the district’s regional water
465 supply plans.
466 6. A description of each new, expanded, reduced, or
467 eliminated program.
468 7. The funding sources, including, but not limited to, ad
469 valorem taxes, Surface Water Improvement and Management Program
470 funds, other state funds, federal funds, and user fees and
471 permit fees for each program area.
472 8. The water management district’s capital improvement plan
473 for the current fiscal year and the next fiscal year, in the
474 same format as required in the preliminary budget.
475 Section 11. Section 373.6075, Florida Statutes, is amended
476 to read:
477 373.6075 Purchases from contracts of other entities.—
478 (1) A water management district may purchase commodities
479 and contractual services, excluding services subject to s.
480 287.055, from the purchasing contracts of special districts,
481 municipalities, counties, other political subdivisions,
482 educational institutions, other states, nonprofit entities,
483 purchasing cooperatives, or the Federal Government, which have
484 been procured pursuant to competitive bid, request for proposal,
485 request for qualification, competitive selection, or competitive
486 negotiation, and which are otherwise in compliance with general
487 law if the purchasing contract of the other entity is procured
488 by a process that meets the procurement requirements of the
489 water management district.
490 (2) For contractual services for the design, engineering,
491 or construction, or for any combination of the design,
492 engineering, or construction of capital improvement projects
493 with a total project cost estimated at $20 million or more, a
494 water management district shall give preference to the lowest
495 responsible and responsive bid, proposal, or reply that includes
496 proof of district-defined acceptable minimum work experience
497 within this state, project-specific payment and performance
498 bonds in amounts appropriate for the project contract amount,
499 and minimum warranty of 2 years beginning at substantial
500 completion, or that includes proof of a comparable financial
501 assurance mechanism, as defined by district rule.
502 (3) For the purpose of the competitive selection process in
503 s. 287.055(4) or procurement procedures in s. 255.065(3), a
504 water management district shall consider whether a bid,
505 proposal, or reply includes appropriate payment and performance
506 bonds, proof of a comparable financial assurance mechanism, as
507 defined by district rule, or documentation of all bond faults or
508 bond claims within the last 10 years, including all open and
509 closed claims and agreed upon amounts with a description of the
510 claim and any resolution.
511 Section 12. Present paragraph (i) of subsection (5) of
512 section 380.093, Florida Statutes, is redesignated as paragraph
513 (j) and amended, a new paragraph (i) is added to that
514 subsection, and paragraphs (a), (c), (d), (e), and (h) of that
515 subsection are amended, to read:
516 380.093 Resilient Florida Grant Program; comprehensive
517 statewide flood vulnerability and sea level rise data set and
518 assessment; Statewide Flooding and Sea Level Rise Resilience
519 Plan; regional resilience entities.—
520 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
521 (a) By December 1 of each year, the department shall
522 develop a Statewide Flooding and Sea Level Rise Resilience Plan
523 on a 3-year planning horizon and submit it to the Governor, the
524 President of the Senate, and the Speaker of the House of
525 Representatives. The plan must consist of ranked projects that
526 address risks of flooding and sea level rise to coastal and
527 inland communities in the state. All eligible projects submitted
528 to the department pursuant to this section must be ranked and
529 included in the plan. All eligible projects submitted by a water
530 management district must be ranked on a separate list. Each plan
531 must include a detailed narrative overview describing how the
532 plan was developed, including a description of the methodology
533 used by the department to determine project eligibility, a
534 description of the methodology used to rank projects, the
535 specific scoring system used, the project proposal application
536 form, a copy of each submitted project proposal application form
537 separated by eligible projects and ineligible projects, the
538 total number of project proposals received and deemed eligible,
539 the total funding requested, and the total funding requested for
540 eligible projects.
541 (c) Each plan submitted by the department pursuant to this
542 subsection must include all of the following information for
543 each recommended project:
544 1. A description of the project.
545 2. The location of the project.
546 3. An estimate of how long the project will take to
547 complete.
548 4. An estimate of the cost of the project.
549 5. The cost-share percentage available for the project, if
550 applicable.
551 6. A summary of the priority score assigned to the project.
552 7. The project sponsor.
553 (d)1. By September 1 of each year, all of the following
554 entities may submit to the department a list of proposed
555 projects that address risks of flooding or sea level rise
556 identified in the comprehensive statewide flood vulnerability
557 and sea level rise assessment or vulnerability assessments that
558 meet the requirements of subsection (3):
559 a. Counties.
560 b. Municipalities.
561 c. Special districts as defined in s. 189.012 which are
562 responsible for the management and maintenance of inlets and
563 intracoastal waterways or for the operation and maintenance of a
564 potable water facility, a wastewater facility, an airport, or a
565 seaport facility.
566 d. Regional resilience entities acting on behalf of one or
567 more member counties or municipalities.
568
569 For the plans submitted by December 1, 2024, such entities may
570 submit projects identified in existing vulnerability assessments
571 that do not comply with subsection (3) only if the entity is
572 actively developing a vulnerability assessment that is either
573 under a signed grant agreement with the department pursuant to
574 subsection (3) or funded by another state or federal agency, or
575 is self-funded and intended to meet the requirements of
576 paragraph (3)(d) or if the existing vulnerability assessment was
577 completed using previously compliant statutory requirements.
578 Projects identified from this category of vulnerability
579 assessments will be eligible for submittal until the prior
580 vulnerability assessment has been updated to meet most recent
581 statutory requirements.
582 2. By September 1 of each year, all of the following
583 entities may submit to the department a list of any proposed
584 projects that address risks of flooding or sea level rise
585 identified in the comprehensive statewide flood vulnerability
586 and sea level rise assessment or vulnerability assessments that
587 meet the requirements of subsection (3), or that mitigate the
588 risks of flooding or sea level rise on water supplies or water
589 resources of the state and a corresponding evaluation of each
590 project:
591 a. Water management districts.
592 b. Drainage districts.
593 c. Erosion control districts.
594 d. Flood control districts.
595 e. Regional water supply authorities.
596 3. Each project submitted to the department pursuant to
597 this paragraph for consideration by the department for inclusion
598 in the plan must include all of the following information:
599 a. A description of the project.
600 b. The location of the project.
601 c. An estimate of how long the project will take to
602 complete.
603 d. An estimate of the cost of the project.
604 e. The cost-share percentage available for the project, if
605 applicable.
606 f. The project sponsor.
607 (e) Each project included in the plan must have a minimum
608 50 percent cost share unless the project was submitted by a
609 water management district, or assists or is within a community
610 eligible for a reduced cost share. For purposes of this section,
611 the term “community eligible for a reduced cost share” means:
612 1. A municipality that has a population of 10,000 or less
613 fewer, according to the most recent April 1 population estimates
614 posted on the Office of Economic and Demographic Research’s
615 website, and a per capita annual income that is less than the
616 state’s per capita annual income as shown in the most recent
617 release from the Bureau of the Census of the United States
618 Department of Commerce that includes both measurements;
619 2. A county that has a population of 50,000 or less fewer,
620 according to the most recent April 1 population estimates posted
621 on the Office of Economic and Demographic Research’s website,
622 and a per capita annual income that is less than the state’s per
623 capita annual income as shown in the most recent release from
624 the Bureau of the Census of the United States Department of
625 Commerce that includes both measurements; or
626 3. A municipality or county that has a per capita annual
627 income that is equal to or less than 75 percent of the state’s
628 per capita annual income as shown in the most recent release
629 from the Bureau of the Census of the United States Department of
630 Commerce.
631 (h) The total amount of funding proposed for each year of
632 the plan must may not be at least less than $100 million and,
633 for projects submitted by a water management district, may
634 include funds that have been repaid by a water management
635 district. Upon review and subject to appropriation, the
636 Legislature shall approve funding for the projects as specified
637 in the plan. The only funding available to water management
638 districts under this subsection is through the loan program
639 pursuant to paragraph (i), except for the Northwest Florida
640 Water Management District and the Suwanee River Water Management
641 District, which may receive grants. Multiyear projects that
642 receive funding for the first year of the project must be
643 included in subsequent plans and funded until the project is
644 complete, provided that the project sponsor has complied with
645 all contractual obligations and funds are available.
646 (i) To finance projects submitted by the St. Johns River
647 Water Management District, the Southwest Florida Water
648 Management District, or the South Florida Water Management
649 District, the department may issue 20-year, interest-free loans
650 through a promissory note or other form of written agreement
651 evidencing an obligation to repay the borrowed funds to the
652 department. The district may borrow funds made available
653 pursuant to this section and may pledge any revenues or other
654 adequate security available to it, other than state revenues, to
655 repay any funds borrowed. The loans must be repaid in equal
656 installments over a period not to exceed 20 years, commencing
657 within 12 months after the execution of the loan agreement.
658 1. The department may impose a penalty for delinquent loan
659 payments in the amount of 6 percent of the amount due, in
660 addition to charging the cost to handle and process the debt.
661 Penalty interest accrues on any amount due and payable beginning
662 on the 30th day following the date that the payment was due.
663 2. If a water management district defaults under the terms
664 of its loan agreement, no additional state loans or grants may
665 be issued to that water management district until the default
666 has been remedied.
667 (j)(i) The department shall adopt rules to implement this
668 section, including, but not limited to, rules necessary to
669 administer the revolving loan program to finance projects
670 submitted by water management districts.
671 Section 13. Present subsection (3) of section 380.0935,
672 Florida Statutes, is redesignated as subsection (4), a new
673 subsection (3) is added to that section, and subsection (2) of
674 that section is amended, to read:
675 380.0935 Resilient Florida Trust Fund.—
676 (2) Moneys deposited in the fund are available as a funding
677 source for the department for the Resilient Florida Grant
678 Program and the Statewide Flooding and Sea Level Sea-Level Rise
679 Resilience Plan, including costs to operate the grant program,
680 to develop the plan, and to provide grants to regional
681 resilience coalitions pursuant to s. 380.093. The department may
682 also use moneys deposited in the fund for administrative and
683 operational costs of the Florida Flood Hub for Applied Research
684 and Innovation pursuant to s. 380.0933 and coastal resilience
685 initiatives.
686 (3) The department shall create and maintain a separate
687 account in the trust fund for funds received pursuant to s.
688 380.095 to administer a revolving loan program for eligible
689 projects submitted by water management districts within the
690 Statewide Flooding and Sea Level Rise Resilience Plan. All
691 repayments must be returned to the revolving loan program and
692 made available for the eligible projects submitted by water
693 management districts in the plan. Notwithstanding s. 216.301,
694 funds appropriated for the loan program are not subject to
695 reversion.
696 Section 14. Paragraph (c) of subsection (2) of section
697 380.095, Florida Statutes, is amended to read:
698 380.095 Dedicated funding for conservation lands,
699 resiliency, and clean water infrastructure.—
700 (2) DISTRIBUTION.—Notwithstanding s. 285.710, the
701 Department of Revenue shall, upon receipt, deposit 96 percent of
702 any revenue share payment received under the compact as defined
703 in s. 285.710 into the Indian Gaming Revenue Clearing Trust Fund
704 within the Department of Financial Services. The funds deposited
705 into the trust fund shall be distributed as follows:
706 (c) The lesser of 26.042 percent or $100 million each
707 fiscal year to the Resilient Florida Trust Fund within the
708 Department of Environmental Protection for the revolving loan
709 fund within the Statewide Flooding and Sea Level Rise Resilience
710 Plan to be used to fund eligible projects submitted by water
711 management districts in accordance with s. 380.093.
712
713 Allocations to trust funds shall be transferred monthly by
714 nonoperating authority to the named trust fund.
715 Section 15. (1) For the 2025-2026 fiscal year, the sums of
716 $236,665,971 in nonrecurring funds from the General Revenue Fund
717 and $64 million in recurring funds and $328,684,029 in
718 nonrecurring funds from the Land Acquisition Trust Fund are
719 appropriated to the Department of Environmental Protection and
720 must be distributed to the South Florida Water Management
721 District for the planning, design, engineering, and construction
722 of the Comprehensive Everglades Restoration Plan and allocated
723 in the following fixed capital outlay appropriation categories:
724 (a) Nonrecurring funds from the General Revenue Fund:
725 1. C-111 South Dade - $54,346,161.
726 2. Indian River Lagoon South - $102,374,446.
727 3. Central Everglades Planning Project South - $15 million.
728 4. Central Everglades Planning Project North – $47,771,823.
729 5. Loxahatchee River Watershed Restoration Project -
730 $19,290,000.
731 6. Western Everglades Restoration Project - $25,756,289.
732 7. Biscayne Bay Coastal Wetlands - $7 million.
733 8. Lake Okeechobee Component A Reservoir - $8,978,273.
734 9. Comprehensive Everglades Restoration Project Planning
735 and Design - $6,148,979.
736 (b) Nonrecurring funds from the Land Acquisition Trust
737 Fund:
738 1. Caloosahatchee River C-43 West Basin Storage - $90
739 million.
740 2. Central Everglades Planning Project North -
741 $104,608,177.
742 3. Central Everglades Planning Project EAA Reservoir -
743 $84,075,852.
744 (c) Recurring funds of $64 million in the Everglades
745 Restoration appropriation category from the Land Acquisition
746 Trust Fund to transfer to the Everglades Trust Fund within the
747 South Florida Water Management District pursuant to s.
748 375.041(3)(b)4., Florida Statutes.
749 (2) The department is authorized to submit budget
750 amendments to request the realignment of funds in subsection
751 (1), pursuant to s. 216.292(4), Florida Statutes, and subject to
752 the approval of the Legislative Budget Commission.
753 Section 16. For the 2025-2026 fiscal year, the sum of
754 $39,876,213 in recurring funds and $33,151,846 in nonrecurring
755 funds from the Land Acquisition Trust Fund is appropriated to
756 the Department of Environmental Protection and must be used to
757 implement the Northern Everglades and Estuaries Protection
758 Program, pursuant to s. 373.4595, Florida Statutes.
759 Section 17. For the 2025-2026 fiscal year, the sum of $50
760 million in recurring funds from the Land Acquisition Trust Fund
761 is appropriated to the South Florida Water Management District
762 for the design, engineering, and construction of the specific
763 project components designed to achieve the greatest reductions
764 in harmful discharges to the Caloosahatchee and St. Lucie
765 Estuaries as identified in the Comprehensive Everglades
766 Restoration Plan Lake Okeechobee Watershed Restoration Project
767 Final Integrated Project Implementation Report and Environmental
768 Impact Statement dated August 2020.
769 Section 18. For the purpose of incorporating the amendment
770 made by this act to section 373.503, Florida Statutes, in a
771 reference thereto, section 373.0697, Florida Statutes, is
772 reenacted to read:
773 373.0697 Basin taxes.—The respective basins may, pursuant
774 to s. 9(b), Art. VII of the State Constitution, by resolution
775 request the governing board of the district to levy ad valorem
776 taxes within such basin. Upon receipt of such request, a basin
777 tax levy shall be made by the governing board of the district to
778 finance basin functions enumerated in s. 373.0695,
779 notwithstanding the provisions of any other general or special
780 law to the contrary, and subject to the provisions of s.
781 373.503(3).
782 (1) The amount of money to be raised by said tax levy shall
783 be determined by the adoption of an annual budget by the
784 district board of governors, and the average millage for the
785 basin shall be that amount required to raise the amount called
786 for by the annual budget when applied to the total assessment of
787 the basin as determined for county taxing purposes. However, no
788 such tax shall be levied within the basin unless and until the
789 annual budget and required tax levy shall have been approved by
790 formal action of the basin board, and no county in the district
791 shall be taxed under this provision at a rate to exceed 1 mill.
792 (2) The taxes provided for in this section shall be
793 extended by the county property appraiser on the county tax roll
794 in each county within, or partly within, the basin and shall be
795 collected by the tax collector in the same manner and time as
796 county taxes, and the proceeds therefrom paid to the district
797 for basin purposes. Said taxes shall be a lien, until paid, on
798 the property against which assessed and enforceable in like
799 manner as county taxes. The property appraisers, tax collectors,
800 and clerks of the circuit court of the respective counties shall
801 be entitled to compensation for services performed in connection
802 with such taxes at the same rates as apply to county taxes.
803 (3) It is hereby determined that the taxes authorized by
804 this subsection are in proportion to the benefits to be derived
805 by the several parcels of real estate within the basin from the
806 works authorized herein.
807
808 ================= T I T L E A M E N D M E N T ================
809 And the title is amended as follows:
810 Delete lines 10 - 126
811 and insert:
812 reenacting and amending s. 373.026, F.S.; conforming a
813 cross-reference; amending s. 373.0693, F.S.; deleting
814 a provision requiring legislative approval before the
815 establishment of a subdistrict or basin takes effect;
816 amending s. 373.079, F.S.; requiring a quorum for the
817 conduct of official business by the governing board of
818 a water management district; providing requirements
819 for a quorum; requiring an affirmative vote of a
820 majority of the members of the governing board before
821 any action may be taken by the board; amending s.
822 373.1501, F.S.; providing a legislative declaration;
823 authorizing the governing board of the South Florida
824 Water Management District to acquire land to implement
825 a reservoir project in a certain area; providing
826 construction and a statement of public necessity;
827 prohibiting the district or the state from requesting
828 that the United States Army Corps of Engineers acquire
829 lands for such reservoir project by certain methods;
830 prohibiting the inclusion of a provision for such
831 request in a certain agreement; making technical
832 changes: conforming provisions to changes made by the
833 act; amending s. 373.470, F.S.; requiring the South
834 Florida Water Management District, in cooperation with
835 the Department of Environmental Protection, to provide
836 a detailed report that includes the total estimated
837 remaining cost of implementation of the Everglades
838 restoration comprehensive plan and the status of all
839 performance indicators; requiring the subdivision of
840 the project components into specified categories based
841 on the project’s status; providing requirements for
842 performance indicators for certain projects or project
843 components; providing legislative recognition of the
844 value of the integrated delivery schedule; requiring
845 the South Florida Ecosystem Task Force to identify
846 certain sources of funding when making recommendations
847 for updates to the integrated delivery schedule;
848 amending s. 373.501, F.S.; prohibiting a water
849 management district from using state funds for a
850 specified purpose; amending s. 373.503, F.S.;
851 authorizing the districts to levy ad valorem taxes on
852 property by resolution adopted by a majority vote of
853 the governing board; authorizing the districts to levy
854 certain ad valorem taxes on specified property;
855 defining the term “capital improvement projects”;
856 requiring a governing board levying ad valorem taxes
857 for certain projects to adopt a resolution approved by
858 a majority vote of the voting electors in the district
859 or basin; providing requirements for such resolution;
860 prohibiting a governing board from levying millage
861 beyond a certain date; providing requirements for such
862 millage; requiring that such resolution take effect on
863 a specified date; providing construction for such
864 referenda; providing requirements for the maximum
865 total millage rate for all purposes; providing that
866 the apportionment in the South Florida Water
867 Management District excludes certain millage;
868 reenacting and amending s. 373.535, F.S.; requiring
869 that the preliminary budget for each water management
870 district include a section that contains the
871 district’s capital improvement plan for the current
872 fiscal year and the next fiscal year; requiring that
873 such section contain specified information; requiring
874 the South Florida Water Management District to include
875 a section in its preliminary budget for all projects
876 within the Comprehensive Everglades Restoration Plan;
877 requiring that the section contain specified
878 information; requiring the South Florida Water
879 Management District to indicate the fiscal year from
880 which certain appropriations are expended; requiring
881 the district to incorporate state revenues only in a
882 certain manner when estimating expenditures for the
883 next fiscal year; providing construction; amending s.
884 373.536, F.S.; authorizing the Legislative Budget
885 Commission to reject certain district budget
886 proposals; providing an exception; providing
887 construction; requiring the South Florida Water
888 Management District to include in its budget document
889 certain sections that incorporate the actual amount of
890 state revenues appropriated for the fiscal year;
891 requiring a water management district’s tentative
892 budget for its proposed operations and funding
893 requirements to include the district’s capital
894 improvement plan for the current year and the next
895 fiscal year; amending s. 373.6075, F.S.; requiring a
896 water management district to give preference to
897 certain bids, proposals, or replies for the design,
898 engineering, or construction of capital improvement
899 projects in excess of a specified amount; providing
900 requirements for the competitive selection process;
901 amending s. 380.093, F.S.; requiring that certain
902 projects submitted by water management districts to
903 the department for the Statewide Flooding and Sea
904 Level Rise Resilience Plan be ranked on a separate
905 list; providing applicability; requiring that each
906 project included in such plan have a certain percent
907 cost share unless the project was submitted by
908 specified water management districts; specifying the
909 composition of the total amount of funding for such
910 plan; requiring specified financing for projects
911 submitted by a water management districts for such
912 plan; restricting funding available to water
913 management districts; authorizing the department to
914 issue certain loans by specified means to finance
915 projects submitted by water management districts;
916 authorizing the district to borrow certain funds and
917 pledge certain revenues to repay such funds; providing
918 for the repayment of such loan; providing a penalty;
919 prohibiting the department from issuing additional
920 loans or grants to a water management district that
921 defaults under the terms of its loan until the default
922 is remedied; requiring the department to adopt rules
923 necessary to administer the loan program; amending s.
924 380.0935, F.S.; requiring the department to create and
925 maintain a separate account in the Resilient Florida
926 Trust Fund for certain funds received to administer
927 the revolving loan program for certain projects
928 submitted by water management districts within the
929 Statewide Flooding and Sea Level Rise Resilience Plan;
930 requiring that all repayments be returned to the
931 revolving loan program and made available for the
932 eligible projects in the plan; providing that funds
933 appropriated for the loan program are not subject to
934 reversion; amending s. 380.095, F.S.; requiring that a
935 specified amount of funds deposited into the Indian
936 Gaming Revenue Clearing Trust Fund be distributed to
937 the Resilient Florida Trust Fund for the revolving
938 loan program for specified uses; providing
939 appropriations; reenacting s. 373.0697, F.S., relating
940 to basin taxes, to incorporate the amendment made to
941 s. 373.503, F.S., in a reference thereto; providing an
942 effective date.